An 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. President Woodrow Wilson removed Myers, a postmaster first class, without seeking Senate approval.

Question

Did the Act unconstitutionally restrict the President's power to remove appointed officials?

Conclusion

Yes. After tracing legislative debate of the First Congress in 1789 which dealt with the interpretation of the President's appointment power, Chief Justice Taft concluded that the power to remove appointed officers is vested in the President alone. According to Taft, to deny the President that power would not allow him to "discharge his own constitutional duty of seeing that the laws be faithfully executed."